U.S. Code » Title 42 » Chapter CHAPTER 7— SOCIAL SECURITY › Subchapter SUBCHAPTER VIII— SPECIAL BENEFITS FOR CERTAIN WORLD WAR II VETERANS

42 U.S.C. § 1004

Disqualifications

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(a) In generalNotwithstanding section 1002 of this title, an individual may not be a qualified individual for any month—(1) that begins after the month in which the Commissioner of Social Security is notified by the Attorney General that the individual has been removed from the United States pursuant to section 1227(a) or 1182(a)(6)(A) of title 8 and before the month in which the individual is lawfully admitted to the United States for permanent residence;(2) during any part of which the individual is fleeing to avoid prosecution, or custody or confinement after conviction, under the laws of the United States or the jurisdiction within the United States from which the person has fled, for a crime, or an attempt to commit a crime, that is a felony under the laws of the place from which the individual has fled, or, in jurisdictions that do not define crimes as felonies, is punishable by death or imprisonment for a term exceeding 1 year regardless of the actual sentence imposed;(3) during any part of which the individual violates a condition of probation or parole imposed under Federal or State law; or(4) during which the individual resides in a foreign country and is not a citizen or national of the United States if payments for such month to individuals residing in such country are withheld by the Treasury Department under section 3329 of title 31.(b) Requirement for Attorney General

For the purpose of carrying out subsection (a)(1), the Attorney General shall notify the Commissioner of Social Security as soon as practicable after the removal of any individual under section 1227(a) or 1182(a)(6)(A) of title 8.

(Aug. 14, 1935, ch. 531, title VIII, § 804, as added Pub. L. 106–169, title II, § 251(a), Dec. 14, 1999, 113 Stat. 1845; amended Pub. L. 108–203, title II, § 203(c), Mar. 2, 2004, 118 Stat. 511.)Editorial NotesPrior Provisions

For prior provisions, see note set out under section 1001 of this title.

Amendments

2004—Subsec. (a)(2). Pub. L. 108–203 substituted “or, in jurisdictions that do not define crimes as felonies, is punishable by death or imprisonment for a term exceeding 1 year regardless of the actual sentence imposed” for “or which, in the case of the State of New Jersey, is a high misdemeanor under the laws of such State”.

Statutory Notes and Related SubsidiariesEffective Date of 2004 Amendment

Amendment by Pub. L. 108–203 effective on the first day of the first month that begins on or after the date that is 9 months after Mar. 2, 2004, see section 203(d) of Pub. L. 108–203, set out as a note under section 402 of this title.

Notes of Decisions
Cited in 20 cases, 1937–1999 · leading case: Empire Star Mines Co. v. California Emp. Comm'n, 168 P.2d 686 (Cal. 1946).
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Empire Star Mines Co. v. California Emp. Comm'n, 168 P.2d 686 (Cal. 1946). “Under protest, the company paid to the federal government amounts demanded from it for taxes claimed to be due under titles VIII and IX of the Social Security Act, Act 1 ( 42 U.S.C.A. § 1004 et seq.). Suit was then commenced to recover the federal taxes.”
Jones v. Goodson, 121 F.2d 176 (10th Cir. 1941). “620 , 637, 42 U.S.C.A. § 1004 . The company was organized in 1932, was incorporated in 1934, and is engaged in the taxicab business in Oklahoma City.”
Hearst Publications, Inc. v. Nat'l Labor Relations Bd., 136 F.2d 608 (9th Cir. 1943). · cites it 2× “§ 1004 , this court asserted: "However, in defining the required relationship, and in drawing the distinctions between an employee and an independent contractor, the regulations [defining an employee as one who is subject to the control of his employer with respect to what shall…”
Williams v. United States, 126 F.2d 129 (7th Cir. 1942). “Such taxes were imposed under Title VIII, Section 804 of the Social Security Act of 1935, as amended, 42 U.S.C.A. § 1004 , upon the theory that plaintiff was an employer.”
Mason v. Witt, 74 F. Supp. 2d 955 (E.D. Cal. 1999). “See 42 U.S.C. § 1004 (a), (b); see also Bolton v.”
Anglim v. Empire Star Mines Co., 129 F.2d 914 (9th Cir. 1942). “620 , 42 U.S.C.A. § 1004 et seq. 1 The question for determination is whether or not miners operating under a certain type of lease are employees within the intendment of the Act.”
Burger v. Soc. Sec. Bd., 66 F. Supp. 619 (S.D. Cal. 1946). “42 U.S.C.A. §§ 1004 , 1101, 26 U.S.C.A. Int.”
Nierotko v. Soc. Sec. Bd., 149 F.2d 273 (6th Cir. 1945). “The excise tax on the employer is to be paid “with respect to having individuals in his employ” and like -the tax on employees is measured by wages (§ 804, 42 U.S.C.A. § 1004 ). In the computation of wages all remuneration is to be included except so much as is in excess of…”
Berwind-White Coal Mining Co. v. Rothensies, 137 F.2d 60 (3rd Cir. 1943). “…not inconsistent with this opinion. Act of Aug. 14, 1935, c. 531, Title VIII, Sec. 804 et seq., 49 Stat. 687 , 42 U.S.C.A. § 1004 et seq.”
Stand. Oil Co. v. Glenn, 52 F. Supp. 755 (W.D. Ky. 1943). “Glenn, Collector of Internal Revenue for Kentucky, taxes alleged to have been erroneously assessed and collected from the plaintiff for the years 1937, 1938, 1939 and a portion of 1940 under Subchapters VIII and IX of the Social Security Act, 42 U.S.C.A. §§ 1004 and 1101. The…”
Williams v. United States, 38 F. Supp. 536 (N.D. Ill. 1941). · cites it 2× “04 social security taxes assessed against and collected from the plaintiff for the year 1938, under Section 804, Title VIII of the Social Security Act of 1935, as amended, 42 U.S. C.A. § 1004. 3. On or about April 28, 1938, the plaintiff filed an Employer’s Tax Return required…”
Beardsly v. Chicago & North W. Transp. Co., 850 F.2d 1255 (8th Cir. 1988). “See 42 U.S.C. § 1004 . It is unlikely that, without some additional special purpose, Congress intended to create a dupli-cative action.”
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